Fernando Luis Rodriguez-Sandoval v. United States

McENTEE, Circuit Judge.

In this appeal we are primarily concerned with whether the prosecutor’s statements to the jury that the government’s evidence is uncontradicted violated the defendant’s constitutional right not to take the stand in his own behalf.

A jury convicted the defendant on six counts of narcotics violations, three counts arising out of each of two distinct but similar episodes. Concurrent ten year sentences resulted. At the trial Internal Revenue Agent Cartegena testified that on December 21, 1966, he went to the defendant’s residence with a spe cial employee of Internal Revenue…